• Can we withdraw consent from any compromise pursis in divorce case

Dear Sir,
I have filed Divorce on ground on Adultery, Cruelty in 2015. I am facing DV and also 498a. In divorce i have submitted my evidences and is at stage on my cross. Now on last date judge called my two famliy member and two family member of wife. He than ask us to sign a compromise pursis stating that we shall be giving one chance to our marriage life for our 8 years daughter and shall stay under one roof for seven days. I signed that pursis but I am unable to make my mind to go and stay with her due to her suicidal tendency and other false allegations that she can make. She is residing in my house under Ex parte Residence order and I am living on rent. Now my questions are
1. Can I withdraw my consent now without going to live with her and under what grounds.
2. Will this attract Contempt of Court.
3. Will Judge take it in negative way and will cause harm to my case.
4. Will this affect my Child Custody case as my child stated that she want to stay with both parents.

 Child custody is filed on basis of her admissions and submissions before various courts during Examination of Chief and her cross examination that she attempted suicide with daughter. 

I will be obliged whole life for giving me right advice.

Thanking you
Asked 1 year ago in Family Law from Ahmedabad, Gujarat
Religion: Hindu

1. Yes you can give an application before.the hobble court stating.that.you fear charges and false.allegation on perusal from.honble court you made up.mind but now you don't wish to as there is inherent fear.

2.no.this.wont amount contempt of court inform court in advance.

3. refusing won't cause much impact as ground pleaded is adultery.

4. See it won't effect child.custody if not possible for parents to live together some compromises has to be made but in my view it shall create a positive impact as for daughter can stay together for 7 days just take care of things.

But since risk of sucide is there you need to be extra cautios and can bring same.to notice before court.

And further seeing her tendedcy the child custody shall be given to you.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

You have to comply with court's order as you yourself signed on compromise.

But you can try to cancel it by giving application for setting aside that compromise.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

Dear Client,

You can withdraw your consent by giving reason of her suicidal tendencies and possibility of filing fresh false violence cases.

No court contempt.

Court will convince you, to give a try to reconciliation at least once. It`s just 7 day ordeal, if no positive impact.

For the sake of child only, this pursis is executed otherwise later court will grant custody to wife and visitation rights to you.

And if this proved that she tried to commit suicide along with daughter than custody will grant you.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

You can withdraw from consent. It may not be affecting your case on merits or any other case

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

Hi, since you already have signed the compromise deed , it is actually advisable to do the same .. However, you are legally entitled to deny the experience on the next date .. The signing of agreement is only a personal effort made by the judge , it doesn't effect the merits of the case

Hemant Chaudhary
Advocate, Gurgaon
4255 Answers
31 Consultations

4.9 on 5.0

Adultery can be a reason for granting divorce.

Further, under Hindu Marriage Act 1955, (assuming you are a Hindu) adultery is one of the grounds for seeking divorce.

Section 13 of the Hindu Marriage Act provides the various grounds on which divorce can besought by one of the parties to a marriage. It is as follows:

Section 13(1) states that a petition may be presented by either the husband or the wife, for dissolution of marriage by a decree of divorce on the ground that the otherparty-

i. has, after the solemnization of the marriage, had voluntary, sexual intercourse with any person other than his or her spouse; or

a. has, after the solemnization of the marriage, treated the petitioner with cruelty; or

In view of aforesaid , you can file a divorce petition under Section 13 (1) (i) and Section 13 (1) (ia) on the grounds of adultery and cruelty, and seek dissolution of marriage. It is pertinent to mention here, that to prove adultery is generally very difficult, wherein the onus of proof is usually on the petitioner and you need to have strong and cogent evidence to prove that she has committed adultery. The evidence stated in your query will have to be examined to conclude whether they are strong and cogent evidence to prove adultery.

Further, with respect to custody of your child, your child is minor and you need to file a petition for the custody of the child. Section 6 of The Hindu Minority and Guardianship Act states that the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property …. in the case of a boy or unmarried girl is the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother.

Mohammed Mujeeb
Advocate, Hyderabad
10125 Answers
3 Consultations

4.5 on 5.0

Don’t withdraw your consent now

2) stay with your wife for 7 days as mentioned in compromise pursis

3) if you withdraw your conse t it would affect your case

4) it woukd not affect your custody case

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

1. you can withdraw your consent. Make an application to that effect to the court citing reasons for withdrawal (reasons must be cogent and satisfactory)

2. No. court cannot force you to live with your wife for certain days, even if you had given a consent.

3. no. if party is not willing then no one can force. even court. there is nothing hard and fast in such matters, specially when the wife has suicidal tendencies

4. that will depend on the merits of that matter

Yusuf Rampurawala
Advocate, Mumbai
4448 Answers
25 Consultations

5.0 on 5.0

1. Yes, this can done. Move an application before the Court for this.

2. No.

3. Depends on the Judge, he/she may or may not.

4. Not really.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

These 7 day period is just for, if any possibility to save marriage at the endeavor of court, After 7 days if no positive result, court will proceed accordingly and will grant divorce on merit.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Objective of court is to help in reconciliation between parties

Hence court has directed both parties to stay together for seven days

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Yes it is totally your decision just take care there can be some issues so it better to be cautious and vigilant.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

1. Yes you can withdraw your consent on the ground that you are not ready for the same, you are not bound to give any reason.

2. No this will not amount to contempt of court.

3. Yes he might draw adverse inference.

4. Custody depends on the welfare of the child and as such this will not effect the custody

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

It is advised that you go ahead and live and then submit to the court that due to her nature reconciliation is not possible.

Regards

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

Hi,

You are suggested not to withdraw the consent at this stage and go to stay with her. withdrawing consent may go against you but while staying with her, you may record all her things and then withdraw your consent. The fresh act of cruelty washes away the acts of condonation and if she commits any cruelty during staying together, the merit of case will be stronger even.

Ganesh Singh
Advocate, Delhi
3111 Answers
9 Consultations

4.5 on 5.0

1. You should have thought over it then when you were asked to sign it.

Nobody can force you to sign this agreement.

Since it is just a matter of seven days, you may somehow manage to pull it on instead of withdrawing the cosnent

The withdrawal cannot be treated as contempt of court.

No, the judge cannot do it.

This may impact on that issue too.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Thanks for your all valuable replies but If I stay for 7 days will not effect my Divorce case and its issues already frame in which dessertion has also been included as I have filed Divorce in 2015 and now in 2018 I am going to live with her for 7 days under One roof.

You dont have to worry about it, you can determine the issue and proceed as per your determination.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

1. If you were undecided to stay with her then you should not have signed the pursis.Having given the undertaking to stay with her you are bound to comply with the court order.

2. If you do not wish to stay with her then the correct recourse is to file an application in the court to recall the order through which you have been directed to stay together,

3. This will not have any impact on child custody case. The courts have to honour the wishes of child.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

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